The Apex Court has restrained real estate developers & landowners from creating fresh third-party rights on 268 acres which were once sought to be acquired for creating an industrial township in Gurugram’s Manesar.
The 268 acres was part of the 688 acres being acquired for public use & dropped during the Congress regime in 2007. A Central Bureau of Investigation probe was ordered in 2015 & the decision to drop acquisition proceedings was set aside by the Supreme Court in 2018.
Last week, the Top Court passed a restraint order while hearing a prayer seeking clarification whether its 2018 judgment will also cover land parcels purchased prior to the date of section 4 notification on Aug 27, 2004, but transferred by the landholders during Aug 27, 2004, to Jan 29, 2010, by way of collaboration agreements in favour of other parties & whether they will form part of the deemed award ordered by the Court.
The Supreme Court in its order said pending further considerations, no third-party rights shall be created & no fresh development in respect of the entire 268 acres of land shall be undertaken. Besides, all three aforesaid developers are restrained from creating any fresh third-party rights & going ahead with development of unfinished works at the site except those related to maintenance & upkeep, the Apex Court said.
Court to decide land transfer & collaboration
The Supreme Court is expected to decide the issue of transfer & collaboration of certain land parcels by landowners & real estate developers during its subsequent hearings.
Additional Advocate General (AAG) Alok Sangwan told the Supreme Court that collaboration agreements in 3 cases were entered into by the concerned landholders after Aug 27, 2004. Those collaboration agreements were taken note of by the state officials & directions were issued. As a result, about 40 acres was allowed to be developed by the Conway Developers presently known as Frontier Home Developers, Karma Lakeland & Paradise System, the AAG said.
However, 25.95 acres covered by Karma Lakeland is still lying undeveloped. Sangwan sought a clarification whether these land parcels are part of the deemed award or not.
Senior Additional Advocate General Anil Grover said the land covered by section 6 declaration was to the tune of 688 acres & as per the Court directions, the state extended benefit to the extent of 268 acres by declaring it be outside the deemed award.
The Supreme Court in its 2018 judgment had said the decision on Aug 24, 2007, to drop acquisition proceedings was taken when the matters were already posted for pronouncement of the award on Aug 26, 2007. “Since all the antecedent stages & steps prior thereto were properly & validly undertaken, & since Aug 24, 2007 decision has been held by the court to be an exercise of fraud on power, it is directed that an award is deemed to have been passed on Aug 26, 2007 in respect of lands covered by declaration under section 6 & also which were transferred by the landholders during Aug 27, 2004 to Jan 29, 2010. The lands which were not transferred by the landholders during this period are not governed by these directions,’’ the SC had said.
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